Oregon Administrative Rules
Chapter 847 - OREGON MEDICAL BOARD
Division 1 - PROCEDURAL RULES
Section 847-001-0007 - Agency Representation at Hearings
Universal Citation: OR Admin Rules 847-001-0007
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Subject to the approval of the Attorney General, an employee of the Oregon Medical Board is authorized to appear on behalf of the Board in contested case hearings conducted on civil penalties issued by the Board with no other formal disciplinary action proposed against the licensee.
(2) The agency representative may not make legal argument on behalf of the Board.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the Board to hear the
contested case;
(B) The
constitutionality of a statute or rule or the application of a constitutional
requirement to an agency; and
(C)
The application of court precedent to the facts of the particular contested
case proceeding.
(b)
"Legal argument" does not include presentation of motions, evidence,
examination and cross-examination of witnesses or presentation of factual
arguments or arguments on:
(A) The
application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of
the Board in handling similar situations;
(C) The literal meaning of the statutes or
rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence;
(E) The correctness of procedures being
followed in the contested case hearing.
Stat. Auth.:ORS 677.265
Stats. Implemented: ORS 183.452
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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